Whitehall Lets Developers Grade Lot

April 22, 1986|by JODI DUCKETT, The Morning Call

Whitehall Township commissioners last night gave a green light to the developers of a proposed shopping center on MacArthur Road to grade the site even though plans for the center have not been approved by the township.

The grading plan for the site just south of Kiddie City was cleared at a special meeting called at the request of the developers, who said they have a chance to receive 18,000 cubic yards of excess fill from a road construction project for little cost.

The fill, which could cost more than $100,000 to buy, according to developer Bill Berger, is necessary to even out deep contours on the site for future use.

Berger and Jeff Epstein, partners in Berger-Epstein Associates of Allentown, want to build a 200,200-square-foot shopping center on the 25-acre tract. The project, named MacArthur Square Shopping Center, is one of three new shopping centers planned for MacArthur Road.

The center, however, has been tied up for many months as the developers and officials struggle to find a way to handle traffic congestion and storm water runoff problems.

The grading plan was before the commissioners for approval primarily because of runoff concerns. The board also wanted to make it clear that its agreement to go along with the grading plan did not mean it was approving the shopping center.

The developers, represented by Allentown attorney James Kellar, said they did not believe they needed approval from the commissioners to obtain a permit to move ground on the site but agreed to meet with the commissioners out of courtesy.

The board, however, said the First Class Township Code gives the township the right to regulate the movement of ground in a natural drainage basin. About 700 acres of land north and west of the tract drain onto the tract, said Executive Michael Harakal.

The developers plan to bring the fill to the tract for the next several months and spread it over a 5-acre section in its center.

The request was approved with several conditions. They are:

- The developers must sign an agreement stating that approval of the grading plan is not akin to approval of the shopping center.

- The developers must install a 4-inch pipe to drain water built up on the site after it is graded.

- The developers must include the township in its liability insurance policy to indemnify the township from liability connected with the retention of water on the site.

- The developers must obtain approval from the Pennsylvania Department of Transportation for a temporary truck entrance on Schadt Avenue.